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C. approves in part and denies in part the request to modify Variance No. 2004 -09 as <br />conditioned in Exhibit B hereto (which shows additions as underlined text and <br />deletions as strikeout text), which is incorporated herein by this reference. <br />These decisions are based upon the evidence submitted at the above said hearing, <br />which includes but is not limited to: the Requests for Planning Commission Action <br />dated December 14, 2009 and exhibits attached thereto; and the public testimony, all <br />of which are incorporated herein by this reference. <br />ADOPTED this 14t" day of December, 2009 by the following vote: <br />AYES: Commissioners: Alderete, Betancourt, Gartner, Leo, Turner, <br />Yrarrazaval (6) <br />NOES: Commissioners: None (0) <br />ABSENT: Commissioners: None (0) <br />ABSTENTIONS: Commissioners: None (0) <br />Christopher Leo <br />Chairman <br />APPROVED AS TO FORM: <br />Joseph W. Fletcher, City Attorney <br />By: <br />Benjamin Kaufman <br />Chief Assistant City Attorney <br />CERTIFICATE OF ATTESTATION AND ORIGINALITY <br />1, Martha Ramirez, Planning Commission Secretary, do hereby attest to and certify the attached <br />Resolution No. 2009 -21 to be the original resolution adopted by the Planning Commission of the <br />City of Santa Ana on December 14, 2009. <br />Date <br />Planning Commission Secretary <br />City of Santa Ana <br />75B -25 <br />Resolution No. 2009 -21 <br />Page 5 <br />